Electoral Amendment Act

Link to law: http://www.gov.za/documents/electoral-amendment-act-2
Published: 2013-11-26

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Electoral Amendment Act, Act No. 18 of 2013
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 581 Cape Town 26 November 2013 No. 37069
THE PRESIDENCY No. 914 26 November 2013
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
Act No. 18 of 2013: Electoral Amendment Act, 2013

2 No. 37069 GOVERNMENT GAZETTE, 26 NOVEMBER 2013 Act No. 18 of 2013 ELECTORAL AMENDMENT ACT, 2013
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the Electoral Act, 1998, so as to amend and insert certain definitions; to revise provisions relating to registration as a voter; to revise provisions relating to special votes in election for the National Assembly and provincial legislatures and the procedure related thereto; to revise provisions relating to the number of party agents at a voting station; to correct certain important technical aspects in the text of the Act; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 1 of Act 73 of 1998
1. Section 1 of the Electoral Act, 1998 (hereinafter referred to as the principal Act), is hereby amended—
(a) by the substitution for the definition of ‘‘identity document’’ of the following definition:
‘‘ ‘identity document’means an identity [document issued after 1 July 1986, in terms of section 8 of the Identification Act, 1986 (Act No. 72 of 1986), or a temporary identity certificate] card issued in terms of the Identification Act, 1997 (Act No. 68 of 1997);’’; and
(b) by the insertion after the definition of ‘‘serve’’ of the following definition: ‘‘ ‘South African passport’ means a passport issued in terms of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994);’’.
Amendment of section 6 ofAct 73 of 1998, as inserted by section 2 ofAct 34 of 2003
2. Section 6 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
‘‘(1)Any SouthAfrican citizen in possession of an identity document may apply for registration as a voter[.]: Provided that where that citizen is ordinarily resident outside the Republic, he or she must in addition to the identity document produce a valid South African passport.’’.
5
10
15
20
(English text signed by the President) (Assented to 17 November 2013)
4 No. 37069 GOVERNMENT GAZETTE, 26 NOVEMBER 2013 Act No. 18 of 2013 ELECTORAL AMENDMENT ACT, 2013
Amendment of section 7 of Act 73 of 1998, as amended by section 93 of Act 27 of 2000 and section 3 of Act 34 of 2003
3. Section 7 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
‘‘(1) A person applying for registration as a voter must do so in person in the prescribed manner.’’; and
(b) by the deletion of subsection (2).
Amendment of section 8 of Act 73 of 1998, as substituted by section 4 of Act 34 of 2003
4. Section 8 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraph (d) of the following
paragraph: ‘‘(d) is detained under the [Mental Health Act, 1973 (Act 18 of 1973)]
Mental Health Care Act, 2002 (Act No. 17 of 2002);’’; (b) by the deletion in subsection (2) of paragraph (f); and (c) by the substitution for subsection (3) of the following subsection:
‘‘(3) A person’s name must be entered in the voters’ roll only for the voting district in which that person is ordinarily resident and for no other voting district[.]: Provided that where that person is ordinarily resident outside the Republic, his or her name must be entered in a segment of the voters’ roll created for that purpose.’’.
Amendment of section 24B of Act 73 of 1998, as inserted by section 7 of Act 34 of 2003
5. Section 24B of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
‘‘(1) In an election for the National Assembly or a provincial legislature, a person who on election day is in prison [and not serving a sentence of imprisonment without the option of a fine] and whose name appears on the voters’ roll for another voting district, is deemed for that election day to have been registered by his or her name having been entered on the voters’ roll for the voting district in which he or she is in prison.’’; and
(b) by the deletion of subsection (2).
Substitution of section 33 of Act 73 of 1998, as amended by section 9 of Act 34 of 2003 and section 2 of Act 40 of 2003
6. The following section is hereby substituted for section 33 of the principal Act:
‘‘Special votes in election for National Assembly
33. (1) In an election for the National Assembly, the Commission must allow a person to apply for and cast a special vote, prior to election day, if, on election day, that person cannot vote at a voting station in a voting district in which he or she is registered as a voter, due to his or her— (a) physical infirmity or disability, or pregnancy; (b) absence from that voting district while serving as an officer in the
election; or (c) being on duty as a member of the security services in connection with
the election. (2) In an election for the NationalAssembly, the Commission must allow
a person to apply for and cast a special vote, prior to election day, in the voting district in which that person is registered if he or she cannot vote in that voting district on election day, due to his or her intended absence from that voting district.
4
5
10
15
20
25
30
35
40
45
50
6 No. 37069 GOVERNMENT GAZETTE, 26 NOVEMBER 2013 Act No. 18 of 2013 ELECTORAL AMENDMENT ACT, 2013
(3) In an election for the NationalAssembly, the Commission must allow a person, who is outside the Republic, to apply for and cast a special vote if that person’s name appears on the segment of the voter’s roll for persons who are in the Republic, if that person notifies the Commission within 15 days after the proclamation of the date of the election of his or her intention to vote outside the Republic and the location of the SouthAfrican embassy, high commission or consulate where he or she will cast his or her vote: Provided that the Commission may make special arrangements for security services personnel serving in that capacity outside the Republic. (4) In an election for the NationalAssembly, the Commission must allow
a person to apply for and cast a special vote if that person’s name appears on the segment of the voter’s roll for persons ordinarily resident at a place outside the Republic, if that person notifies the Commission within 15 days after the proclamation of the date of the election of his or her intention to vote outside the Republic and the location of the South African embassy, high commission or consulate where he or she will cast his or her vote. (5) For the purposes of Schedule 1A, votes cast in accordance with
subsections (3) and (4) shall be counted as votes cast nationally. (6) The Commission must prescribe—
(a) the procedures for applying for special votes in an election for the National Assembly; and
(b) the procedure, consistent in principle with Chapter 4, for the casting and counting of special votes.’’.
Insertion of section 33A in Act 73 of 1998
7. The following section is hereby inserted after section 33 of the principal Act:
‘‘Special votes in election for provincial legislatures
33A. (1) In an election for a provincial legislature, the Commission must allow a person to apply for and cast a special vote, prior to election day, if that person cannot vote at a voting station in the voting district in which he or she is registered, due to his or her— (a) physical infirmity or disability, or pregnancy; (b) absence from that voting district while serving as an officer in the
election; or (c) being on duty as a member of the security services in connection with
the election. (2) In an election for a provincial legislature, the Commission must allow
a person to apply for and cast a special vote, prior to election day, in the voting district in which that person is registered, if that person cannot vote in that voting district on election day, due to his or her intended absence from that voting district on election day. (3) The Commission must prescribe—
(a) the procedure for applying for special votes in an election for a provincial legislature; and
(b) the procedure, consistent in principle with Chapter 4, for the casting and counting of special votes.’’.
Repeal of section 34 of Act 73 of 1998
8. Section 34 of the principal Act is hereby repealed.
6
5
10
15
20
25
30
35
40
45
8 No. 37069 GOVERNMENT GAZETTE, 26 NOVEMBER 2013 Act No. 18 of 2013 ELECTORAL AMENDMENT ACT, 2013
Amendment of section 57 of Act 73 of 1998
9. Section 57 of the principalAct is hereby amended by the substitution for subsection (4) of the following subsection:
‘‘(4) If the Commission is unable to determine and declare the result of an election within the seven-day period required by subsection (2)[(c)], the Commission must apply to the Electoral Court for an extension of that period.’’.
Amendment of section 58 of Act 73 of 1998
10. Section 58 of the principalAct is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph:
‘‘(a) two party agents for each voting station or, if voting or counting at a voting station takes place in more than one room or separately enclosed area, two party agents in respect of each room or area; and’’.
Short title
11. This Act is called the Electoral Amendment Act, 2013.
8
5
10